We regret your error

This morning I received an email from a local attorney, containing a link to a post on HA, with the following request:

Please remove the defamatory, false and libelous post about me on your blog.

Sigh.

And this was my instant response:

[Name redacted]

I have just reread [redacted]’s post, and it appears to be nothing but opinion, block-quotes and links. I understand if you find his deft refutation of your Seattle Times column injurious to your reputation, but there is certainly nothing false nor libelous about it. Perhaps a less adversarial approach might have been for you to request an opportunity to post a response on HA in your own defense? I am always happy to facilitate such dialog.

I want to assure you that I take requests like yours very seriously… in fact, apparently much more seriously than you do, judging from its spurious nature. If you can provide what you believe to be clear examples of “defamatory, false and libelous” statements in [redacted]’s post, I will consider them, but a takedown request requires quite a bit more than a vaguely threatening email from an attorney. For obvious reasons central to the very nature and viability of the medium, [redacted] and I, and the many prominent national bloggers who would surely rally to our defense, do not take these sort of threats lightly. And neither should you.

For the moment, as a courtesy, I will keep your identity anonymous in any post I might write about this issue. But please understand that I have limited patience for attorneys who attempt to bully me into surrendering my First Amendment rights.

David Goldstein

I’m not sure what this attorney is attempting to accomplish. Maybe eliminate critical commentary from the list of hits people might get when Googling the attorney’s name? Yeah, well, that strategy didn’t work all that well for attorney Bradley Marshall, now did it?

The thing is, the minute bloggers like me start backing down to vague threats like this, merely out of fear of incurring the legal expense, is the minute blogging ceases to be an honest and viable medium. And I’ve always believed that the day I stop writing fearlessly is the day I stop being a writer worth reading.

So let this post serve as a final warning to the litigiously itchy everywhere: I have a public platform at my disposal, and I’m not afraid to use it. If you feel we are in error, let us know, and we’ll consider posting a correction. But you better be damn confident about winning a defamation suit before idly threatening to bring one, or else it will be you who will ultimately regret your error, not the the other way around.

Obama approved 17,000 additional combat forces for Afghanistan this year, plus 4,000 trainers and other noncombat troops. By year’s end, the United States will have more than 68,000 troops in the sprawling country – about double the total at the end of Bush’s presidency but still far fewer than the approximately 130,000 still in Iraq.

The Washington Supreme Court will hold oral arguments on Thursday, May 14, 2009 at 1:30 p.m. at the Temple of Justice in Olympia on whether or not Bradley Marshall should be permanently disbarred from the practice of law:

1:30 P.M.

Case No. 3 – 200,577-2

COUNSEL

In re:

BRADLEY MARSHALL, Attorney at Law.

Bradley Marshall

Scott Busby (WSBA)

SYNOPSIS: An attorney argues that the court should reject the Washington State Bar Association Disciplinary Board’s recommendation that he be disbarred from the practice of law.

Better watch that big mouth of yours Goldy. I can’t wait for a lawsuit someday. Of course, that’d be a hollow victory, as since you have no or little income and gainful employment it is meaningless. Ho-hum.

What this message illustrates is the need for revisions to the ethics laws governing the misuse of the law by attorneys.

How about this:

Any attorney who knowingly misuses his or her status as an officer of the court to propose an action intended to intimidate a non attorney will be disbarred for a term of one year.

“Knowingly” in this case means that the attorney would be expected to know that the non-attorney would be unlikely to lose if the threatened action came to court other than losing the costs of representing the non attorney.

Defamation suits are rarely successful. Indeed, it can be hard to even find an attorney to even pursue a defamation case, at least on a contingent fee basis. Opinions about someone, if clearly stated as opinions, are not actionable. Thus, saying “Cynical fucks goats,” which sounds like a factual statement, could be actionable, whereas saying “I believe Cynical fucks goats,” is not. Actually, even saying “Cynical fucks goats” would not be actionable because truth is an absolute defense to a defamation claim.

Piper You’re not suggesting that someone should file suit for purposes unrelated to trying to achieve justice, are you? My, I can’t believe you would recommend use of the courts for ulterior motives. After all, that’s considered abuse of process.

@ 20 Regurgitated Roadkill~ Ask a public agency for 600,000 documents, then sue them under the Public Records Act, and rip off the taxpayers for a quarter million dollars.

If you want to piss and moan about a private citizen winning a public settlement (i.e. King county admits guilt), then blame Ron Sims and his lackey’s that didn’t adhere to their legal obligations under the law.

@30 What does Ron Sims have to do with anything? He doesn’t handle public records. That’s a flunky job. Listen, shithead, there isn’t a public agency in the state that I couldn’t trip up by asking for 600,000 documents. Do you know what it cost King County taxpayers to give Stefan that stuff? And then they have to pay that golddigger $225,000 for the privilege of being forced to kiss his ass. All I’m saying is neither he nor his doting fans will ever again have any credibility on the subject of abusing public funds.

Everything. Since he was included in the suit along with the office that dragged its feet on supplying requested documents. Instead of pissing and moaning about the 225K that Sims’ made you the taxpayer responsibile to pay out to Sharkansky, you should be pissed at Sims, but of course, you’re a partisan hack incapable of such a logical conclusion.

Do you know what it cost King County taxpayers to give Stefan that stuff?

Yeah, well it cost them a hell of alot more by stonewalling his efforts. In the end, he not only got the documents he sought, he received a hefty sum for his troubles….all thanks to a Ron Sims.

All I’m saying is neither he nor his doting fans will ever again have any credibility on the subject of abusing public funds.

His suit was done legally and the county settled. Once again, I’m stating the obvious to you, but the County SETTLED this lawsuit and in effect admitted GUILT. Quit yer fucking whining and move on.

’20. Roger Rodent spews: @14 Here’s a business model for you: Ask a public agency for 600,000 documents, then sue them under the Public Records Act, and rip off the taxpayers for a quarter million dollars.’

1. Where’d the $600K figure come from? Source?

2. If Ron Sims and Co. hadn’t dragged their feet/stonewalled and responded in a timely matter to the records request in the first place as they should have, then the $225K Stefan got wouldn’t have happened. It was not a “ripoff”.

Little Ricky @ 36: “Once again, I’m stating the obvious to you, but the County SETTLED this lawsuit and in effect admitted GUILT.”

Settlements in a civil suit do not “in effect admit GUILT.” Rather, a settlement typically reflects a sober analysis about possible exposure to judgment, together with calculating transactional costs associated with litigation–attorney’s fees, costs, lost employee time, etc. Moreover, Little Ricky, the concept of guilt is tied to criminal cases, not civil cases. Did you ever have a Civics or Government class?

Ricky D proves the D stands for dumbass. The settlement doesn’t admit any liability – either you’re just too stupid to live or you teach your kids to lie. In either case, the settlement merely means the county figured a whore like Steffy would cost the county MORE money in litigation than it would take to buy him and his cunt lawyer wife off. At least now he has his own source of income and no longer needs to live off his bitch – how ironic – now he lives off the government. If he were a real conservative – he’d give the money back. He’s not of course. He’s just an asshole.

The settlement doesn’t admit any liability – either you’re just too stupid to live or you teach your kids to lie.

No, dumbass, it means exactly what I said it meant. The fact that they settled was the slow realization that they ‘fucked the dog’ on this one and would be found liable for a larger amount of money if they went forward fighting the case in litigation.

If he were a real conservative – he’d give the money back.

Why? Because Ron Sims and his staff broke the law? You really are a Dumbass, BiBiGroper.

The county had no leg to stand on because they blatantly disregarded the law. Even the folks here at Goldy’s waste treatment facility realize the county fucked up, so quit your caterwauling.

If you’re not backing down, why did you redact his name from the blockquote of your response? And why no link to the original post? Your story lacks any reference point for those of us who would like to assess the merit of his libel charges.

Rick D, Parties decide to settle lawsuits often because the cost of fighting the suit is higher than the settlement amount. The other issue is you might lose no matter how good your case is because juries sometimes do screwy things.

CLASS A IP Address from a CLASS B IP Address from a CLASS C IP Address from a CLASS D IP Address from a CLASS E if the manual was in front of you fool!

And your skills at hexidecimal math are as good as your sex delusions. You make Puddy laugh at your insipid comments.

Your love of the Port Orchard Bowling Alley reminds me of when Puddy was working in Gary Indiana. At the steel mills, there was this male transvestite who would dress in drag giving the men BJs. Puddy didn’t partake, not my style. Puddy knows you do the same act at night in the alley to the bowling patrons every payday. I guess it beats drinking Steve’s Stupid Solution because there is a warm spigot on the end you love to slather over!

’39. Oswald Spengler spews: re 37: “1. Where’d the $600K figure come from? Source?” How about your ass. “Ask a public agency for 600,000 documents….” I suppose a dollar bill is a document in some sense of the word. All I see though, Marky Mark, is a man who neither sees nor understands — YOU!’

I asked a legitimate question. By your childish and kindergarten response, you have proven your ignorance. Grow up already and come back at me with something more than the above. Recess is over Oswald. Good luck.

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It may be hard to believe from the vile nature of the threads, but yes, we have a commenting policy. Comments containing libel, copyright violations, spam, blatant sock puppetry, and deliberate off-topic trolling are all strictly prohibited, and may be deleted on an entirely arbitrary, sporadic, and selective basis. And repeat offenders may be banned! This is my blog. Life isn’t fair.